Traumatic brain injury is a common and serious injury that occurs in car accidents. It’s a type of injury that involves an impact on the head. In most cases, victims don’t experience any complications related to TBI after an accident, especially in mild and moderate cases. Therefore, there are chances of receiving a lower compensation or failing to be compensated. This article sheds light on how you can recover damages after incurring traumatic brain injury in a car accident.
The severity of TBI
The severity of TBI is categorized into two: mild and severe. This injury is considered mild if a victim loses consciousness for at least thirty minutes. However, although most TBIs are mild, up to 15% of car accident victims can experience symptoms that last for a year or a lifetime. Below is a breakdown of these two types of TBI, their signs and symptoms, and their effects.
Mild TBI
Mild TBI has the following signs and symptoms:
- Headache
- Nausea or vomiting
- Speech problem
- Dizziness or loss of balance
- Fatigue or drowsiness
- Sensory problems like ringing ears, a change of tasting and smelling ability
Apart from these signs and symptoms, mild TBI can also bring the following cognitive, behavioral, and mental symptoms:
- Losing consciousness for a few minutes
- Staying conscious but experiencing disorientation, confusion, or being dazed
- Concentration or memory problem
- Difficulty sleeping
- Sleeping more than normal
- Feeling anxious or depressed
Moderate to Serious TBI
Moderate to severe TBI portrays similar signs and symptoms as a mild injury. However, these symptoms usually appear a few days after incurring the injury. These signs and symptoms are as follows:
- Losing your consciousness for a few minutes to a few days
- Persistent headache that worsens with time
- Repeated nausea or vomiting
- Convulsion or seizure
- Inability to awake from sleep
- Losing your coordination
- Numbness or weakness in your fingers and toe
- Extreme confusion
- Experiencing combative or agitating behaviors
- Comma
Lasting Effects of Traumatic Brain Injury
Severe traumatic brain injury can have a lasting effect on a car accident victim. This injury creates the above issues immediately or a few days after an accident and can leave a lasting impact on every aspect of your life. These effects pose unique long-term challenges that a victim has to deal with. Let’s have a closer look at these effects.
Reasons Why Moderate or Severe TBI Causes Long-Term Effects
When a car accident victim sustains a severe head injury, the brain starts to repair the internal damage. Some of these self-restorative processes are effective, especially when combined with medical treatment.
However, some parts of the brain cannot repair and end up enduring progressive decline, leading to lasting damage. These effects can be translated as the complications experienced after months or years after the signs mentioned above and symptoms. These lasting effects can be divided into three distinct categories as follows:
Ongoing Physical Symptoms
Car accident victims who suffer from moderate or severe TBI suffer from multiple physical problems that can last for a lifetime. Below are some of the chronic complications that a victim can face.
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Headache and Migraines
It’s common for a TBI victim to suffer from headaches and migraines shortly after a car accident. However, studies have shown that victims would likely develop severe complications over time. Amazingly, 93% of victims reported having recovered from TBI still experience residual headache disability.
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Dizziness
Common dizziness and related issues like lightheadedness and vertigo are commonly associated with TBI. Even so, over a third of car accident victims experience these symptoms for at least five years after the injury. However, most victims have reported to likely experience an improvement in these symptoms over time.
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Sensitivity to Noise and Light
Most car accident victims who incur TBI have complained of sensory complaints due to acute TBI. Sensitivity to light and noise, also known as photophobia or phonophobia, has been reported to develop as new symptoms after the first three years of an accident. Additionally, about 25% of car accident victims experience these sensitivities after a year of the accident, which likely turns into a lifelong concern.
Visual Difficulties
A severe head injury can also impact the eyes. For instance, sustained TBI can cause convergence insufficiency, which is the inability of the eyes to focus appropriately in a near vision. TBI can also result in other eye-related complications like double and blurry vision.
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Fatigue
There are chances that a TBI victim will experience worsened physical and mental fatigue. To make matters worse, a victim can suffer from continued emotional symptoms and insomnia and negatively influence their working status after one year of the injury.
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Post-Traumatic Epilepsy and Seizures
Post-traumatic epilepsy or seizure is probably the most severe effect of TBI. This effect doesn’t show up immediately after the accident, but it occurs months or years later.
Cognitive and Emotional Effects of TBI
TBI can also have a lasting effect on the cognitive and emotions apart from the physical issues described above. Mental and emotional effects are known to last for several years, anywhere between 20-63% of the patients involved, although there are noticeable improvements after a decade has passed. Some of the cognitive and emotional effects of TBI include:
- Sleep difficulties
- Depression and anxiety
- Aggression and other personality changes
- A deficit in concentration and attention
Specific symptoms might develop after the initial stages of recovery, particularly irritability. The longer these complications last, the more the burden they place on the victim. This increases the amount of money used to treat these troublesome physical complaints.
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Degenerative Brain Diseases
There are risks of neurodegenerative diseases due to moderate or severe TBI. This increases the risk of diseases like dementia and Alzheimer’s disease. Medical experts have mixed feelings on how TBI would likely cause these diseases, but the numbers are still high with victims that have sustained multiple TBIs.
Social Effects and Other Outcomes
It’s not surprising to learn that severe TBI can have a lasting effect on a victim’s life quality. Here are a few crucial factors that you should know about:
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Higher Likelihood of Death
Car accident victims who suffer from TBI are highly likely to die due to the injury and other related complications. Depression and other psychiatric complications increase the risk of suicide among TBI victims.
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Lower Employment Rates
Car accident victims who incur TBI are more likely to experience difficulty going back to work after recovery. Some studies have shown that less than one-third of TBI victims engage in full-time employment after a car accident. These victims also struggle with financial management.
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Reduction in the Ability to Participate in Activities
About 60% of car accident victims who suffer severe TBI cannot engage in leisure or recreational activities after an injury. A victim who incurs TBI will most likely experience persistent physical symptoms that diminish their social functioning.
Types of Damages in a Car Accident Traumatic Brain Injury
Several types of damages are associated with Traumatic Brain Injury. Damages refer to the financial losses incurred as a result of a personal injury. They can either be economic or non-economic. Economic damages refer to damages that can be calculated, while non-economic damages refer to damages that don’t have a numerical value. Below are common damages that you can recover:
Medical Expenses
The defendant or liable party is responsible for all the medical costs associated with your TBI and other injuries sustained in a car accident. Medical expenses also include future medical expenses like home nursing care, assistive devices, and physical therapy.
Lost Income
Car accident victims who incur TBI sometimes cannot return to work or work on a reduced schedule. The liable party is responsible for all lost wages, including lost future earning capacity and future lost wages.
Emotional Distress
Car accidents who incur TBI are more likely to end up with emotional distress like depression, anxiety, and post-traumatic stress disorder. The at-fault party should also pay these damages.
Loss of Enjoyment
As described above, most TBI symptoms prevent victims from participating in previously crucial activities. The defendant is also responsible for these damages and should compensate the victim.
Punitive Damages
Punitive damages are types of damages meant to punish a defendant for, particularly egregious actions. In Nevada, you must demonstrate that the defendant’s actions were malicious, willful, reckless, or wanton. Your car accident attorney should advise you whether punitive damages are available in your case.
Liable Parties in a Car Accident TBI
One question that arises when seeking compensation for your damages is who is liable for the TBI. Another driver can be responsible for the accident, but you can share the blame, depending on the nature of the accident. The following are potential parties in a car accident TBI.
The At-Fault Driver
Most car accident claims are filed against the driver that caused the collision, or more specifically with the at-fault’s insurance company. However, there are cases where liability can be complicated. Some of these complicated issues include the following:
- Hit-and-run accidents: The at-fault driver in a hit-and-run accident is unknown
- Uninsured Driver Accident: You may need to file a lawsuit against the at-fault driver if the driver has no insurance coverage available
- Underinsured Driver Accident: An underinsured driver has insurance cover, but the policy doesn’t fully cover the damages incurred
Vehicle Manufacturer
Recently, motor vehicle manufacturers have been on the radar for producing vehicles and parts with significant defects. Defective cars or parts have resulted in accidents where victims have suffered TBI. If you were in a vehicle accident caused by a faulty part, whether it’s yours or someone else’s vehicle, you might be entitled to compensation through a product liability claim.
A Commercial Enterprise
Driving is part of a job description in several occupations. Most commercial drivers don’t always exercise the caution they should while driving, resulting in a severe accident. Commercial vehicle accidents come in different forms that involve the following:
- Delivery vans and trucks
- Taxis, town cars, and limousines
- Passenger vans
- Food trucks
- Moving vans
When a commercial vehicle hits a person, the driver and the employer can be held liable for your TBI damages. However, you should note that the employer’s insurance firm might argue that their employee is working as an independent contractor or is not working in an official capacity as a way of denying your claim.
A Government Agency
Different agencies are responsible for building and maintaining both state and interstate roads. Their negligence in the construction and maintenance of roads can cause severe accidents due to dangerous conditions.
In this situation, the government agency responsible for the upkeep of these roads should be held liable for the TBI you incur due to their unsafe condition. Contractors and subcontractors involved in the construction of the road can also be held responsible for the damages you incur.
Costs Associated with TBI in Nevada
The cost of treating and managing TBI differs depending on the severity of the injury. A mild brain injury can cost up to $85,000, while a moderate one would cost upwards of $900,000. A severe brain injury can cost up to $3million. That’s why most TBI car accident victims seek the maximum available compensation.
In the United States, the estimated yearly cost of traumatic brain injury exceeds $75 billion. According to the Brain Injury Association of America, a TBI patient is expected to pay:
- Patient therapy for a maximum of $1,000 a day
- Residential facility rehabilitation for a maximum of $25,0000 a day
- Hospital-based rehabilitation for a maximum of $8,000 daily
How to Calculate your Car Accident TBI Damages
You might find yourself with a mountain of bills and expenses from the TBI you incur in a car accident. As stated above, TBI might lead to lost wages, high medical costs, and costs for your future medical needs. As such, it means that you’ll need significantly more money than you could realize. Here are a few factors you need to consider when calculating the amount you need for your car accident TBI.
Information that you Need in Your Compensation Claim
Before you start calculating your car accident TBI damages, you must first gather the necessary information needed for this process. This information will help you prove that you suffered certain damages from the TBI. These documents include the following:
- Out-of-pocket medical receipts
- Medical bills
- Future medical bill estimate
- A letter from your employer showing how long you’ve missed work due to the injury
- A psychological review of how TBI has brought pain and suffering to you
- A testimony from your spouse proving your loss of consortium
It’s easier to prove particular expenses like medical bills or out-of-pocket expenses. However, when it comes to figuring out future costs, it can be somewhat tricky. That’s why it’s necessary to have a personal injury attorney by your side to help you establish a reasonable claim for your future medical expenses in your settlement.
How Adjuster Determine the Value of your Non-Economical TBI Damages
An insurance adjuster will get into work immediately after you contact the at-fault insurance company. The adjuster will try to find ways to delay or deny your compensation claim as much as possible. They will do this by trying to pin down some blame on you or claim that you had a pre-existing injury.
The Multiplier Method
At the beginning of the negotiation process, the adjuster will add up all the medical expenses that you’ve already spent on the injury. They will then multiply your costs with a number between 1 and 5 based on the severity of your TBI.
Three is usually the most often used multiplier, although it can end up to five with severe TBI. Your attorney has the responsibility to try to negotiate the highest multiplier based on the level of damages that you’ve suffered.
The Per-Diem Method
Adjusters also use the per-diem method in calculating how much your TBI damages are worth. In this method, the adjuster allocates a particular amount for your pain and suffering depending on the extent of the Traumatic Brain Injury that you suffered. For instance, they might settle on $15 per day when they believe that your injuries are not severe.
This method is not entirely desirable since it doesn’t take into full account how TBI would affect your relationship, life, and your future. Therefore, the per diem value can be inconsistent and might not truly reflect the exact value of your damages.
Find a Las Vegas Car Accident Lawyer
At first glance, a traumatic brain injury might seem minor or easy to estimate. However, it can quickly turn into a significant and chronic injury with lasting effects on a car accident victim. At the Las Vegas Personal Injury Attorney Law Firm, we take time to personally evaluate every case and damage before we start negotiating any settlement claim with insurance adjusters.
Our lawyers will work hand-in-hand with medical experts to look into the injury you suffer to ensure that we make an accurate claim for your compensation. For more information, contact us today at 702-996-1224 and schedule an appointment.
